Service Level Agreement

100% Uptime Guarantee

Cloud Servers offers a 100% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the “SLA.” This SLA is provided as a supplement to the Hosting Terms and Conditions You agreed to in becoming a Cloud Servers customer, which is hereby incorporated by reference as an indispensable part of this SLA.

This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) servers with Us, and one (1) of those servers experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) server’s downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of Cloud Servers’s web property, DNS servers, API, or control panel.

More simply put:

Our platform is extremely reliable, guaranteed!

You will receive a credit for instances experiencing an outage.

Packet Loss and Latency

Cloud Servers does not proactively monitor the packet loss or transmission latency of specific customers. Cloud Servers does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that Cloud Servers discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss in excess of one percent (1%) (“Excess Packet Loss”) between your instance and one hop from Cloud Servers’s border router(s) (first hop of egress providers router) and You notify Cloud Servers via a support ticket (or Cloud Servers has notified You of an event), Cloud Servers will take all actions necessary to determine the source of the Excess Packet Loss/Latency.

More simply put:

Our network operates with 0% packetloss. If you notice packetloss on Cloud Servers’s network, notify us! The SLA applies to packets from Cloud Servers’s network to it’s providers network. If the packetloss occurs within a third party providers network outside of Cloud Servers’s control this SLA does not cover that.

Limitations

The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-“host node” outage, for any reason and whether or not such outage is caused by Us due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of twenty-four (24) hour notice or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes.

Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.

More simply put:

The SLA applies to the infrastructure in Cloud Servers’s control. If you misconfigure your servers, we are not responsible. If Cloud Servers needs to perform scheduled maintenance on your node, this is exempt, unless of course it takes us more than 10 minutes!

Outage Credits

In accordance with the procedure outlined below, you must initiate a support ticketand request that a credit be applied to your account. Merely initiating a support ticket related to an outage will not result in any credit to your account. Initiating a support ticket and requesting a credit is what triggers an event for any potential credits; however, Cloud Servers must still determine, in its sole discretion, whether or not an eligible outage has occurred. If Cloud Servers determines that an eligible outage has occurred, then the ticket you generated will be used to generate a credit using the table below:

Outage Time Frame

Credit Amount

Less than 9 minutes

12 Hours

10 – 59 minutes

24 Hours

60 – 119 minutes

48 Hours

120 – 239 minutes

120 Hours

240 – 419 minutes

240 Hours

420+ minutes

672 Hours (1 Month)

How To Obtain Your Credit

In order to receive any credit offered under this SLA, You must initiate a support ticket related to the event AND expressly request that We issue a credit. DO NOT ASSUME THAT WE ARE AWARE OF YOUR OUTAGE. Your outage may be wholly unrelated to Cloud Servers’s services, so unless You contact Us via a support ticket, We may not be aware any problem exists. Outages related to hardware or other services or events not under Cloud Servers’s control are not eligible for any guarantee or credit offered under this SLA.

You may initiate such support ticket via e-mail to support [at] Cloud Servers [dot] com, or the my.Cloud Servers.com interface. Whichever method You choose, You MUST obtain a Cloud Servers ticket number as proof that you initiated a support ticket related to the outage, and the support ticket MUST ask for a credit related to the outage. As stated herein, the timestamp on the support ticket will mark the beginning of an outage should Cloud Servers determine that an eligible outage occurred. If Cloud Servers was aware of the issue before You were, Cloud Servers may notify You of the outage. In such instance, You must still initiate a support ticket to confirm that You are aware of the outage, and such support ticket must still also request a credit. To be clear, You must have a support ticket number in order to receive any credits under this SLA.

You agree and acknowledge that all other terms, limitations, exclusions, disclaimers and requirements contained in Cloud Servers’s Hosting Terms and Conditions apply to this SLA.